2902

Private property and also that defined in the second paragraph of § 1025 of Title 31 as bienes patrimoniales and any interest or right of any person or entity as lessee, mortgage creditor, unsufructuary, annuity holder (censualista), or any other real right, may, in accordance with the provisions of §§ 2901-2913 of this title, be taken, damaged or destroyed in whole or in part, or a permanent or temporary easement or servitude may be imposed thereon for lawful purposes when declared of public utility by the Governor or the officer or agency designated by him. The declaration of public utility shall be made by the Governor or the officer or agency designated by him, upon hearing in all cases such parties as may desire to be heard as to the advisability of making such declaration and as to the necessity, for a better public service and for the furtherance of the proposed work, of the condemnation or condemnations of such private property as shall have to be taken, or of the easements or servitudes with which such private property shall have to be encumbered. The Governor or the officer or agency designated by him on making the declaration that a certain work is of public utility,

or servitudes with which such private property shall have to be encumbered. The Governor or the officer or agency designated by him on making the declaration that a certain work is of public utility, shall describe specifically the property which is to be condemned or encumbered for the purposes of said work.\nHistory —Mar. 12, 1903, p. 50, § 2; Mar. 12, 1908, p. 94, § 1; Apr. 28, 1930, No. 50, p. 400.